22-017 1 ORDINANCE NO. 22-017
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
4 AMENDING THE CITY OF BOYNTON BEACH'S CODE OF
5 ORDINANCES;AMENDING CHAPTER 13 ENTITLED "LICENSES"; BY
6 CREATING ARTICLE V "RENTAL DWELLING UNITS", CREATING
7 DIVISION 1 ENTITLED "APPLICABILITY AND DEFINITIONS"
8 PROVIDING FOR TITLE, APPLICABILITY AND DEFINITIONS;
9 CREATING DIVISION 2 ENTITLED "RESIDENTIAL NOTICE" TO
10 PROVIDE NOTICE REQUIREMENTS FOR TERMINATION OF
11 MONTHLY RESIDENTIAL TENANCY WITHOUT SPECIFIC
12 DURATION AND RENTAL PAYMENT INCREASES; CREATING
13 DIVISION 3 ENTITLED "TENANT'S BILL OF RIGHTS AND NOTICE
14 OF LATE FEES" TO PROVIDE FOR NOTICE OF TENANT RIGHTS
15 AND LATE FEES FOR RESIDENTIAL TENANCIES; AND CREATING
16 DIVISION 4 ENTITLED "ENFORCEMENT"; PROVIDING FOR
17 CONFLICTS, SEVERABILITY, CODIFICATION; AND PROVIDING FOR
18 AN EFFECTIVE DATE.
19
20 WHEREAS, Part II of Chapter 83, Florida Statutes, known as the "Florida Residential
21 Landlord and Tenant Act," applies to tenancies of residential dwelling units and sets forth
22 the rights and duties of landlords and tenants; and
23 WHEREAS, the City of Boynton Beach is experiencing a significant demand for and
24 resulting shortfall of affordable rental housing units; and
25 WHEREAS, the availability of safe and affordable housing is an essential component
26 of individual and community well-being; and
27 WHEREAS, protecting residential tenants from discrimination and unfair and illegal
28 rental practices is fundamental to the health, safety, and welfare of the community; and
29 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City
30 of Boynton Beach (the "City") as set forth at Article VIII, Section 2, of the Constitution of the
31 State of Florida, Chapter 166, Florida Statutes, and other applicable controlling law; and
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32 WHEREAS, the City Commission of the City of Boynton Beach (the "City
33 Commission") is vested with the authority to adopt ordinances to protect the health, safety
34 and welfare of the City's residents and visitors; and
35 WHEREAS, it is the intention of the City Commission to provide all residents of the
36 City with fair notice if their rents are to increase; and
37 WHEREAS, over the past year, the City has experienced a significant increase in
38 rental rates being paid by tenants; and
39 WHEREAS, as reported by the Sun Sentinel on March 23, 2022, research from three
40 (3) Florida colleges revealed that renters in South Florida are paying 18.98% more than what
41 they should be; and
42 WHEREAS, according to the most recent Affordable Housing Needs Assessment
43 conducted by Florida International University, from 2018 to 2020, 52.7% renters' households
44 in Palm Beach County are severely cost-burdened; and
45 WHEREAS, during the COVID-19 pandemic there has been an influx of people
46 moving to Florida from states with higher wages and cost of living which has caused an
47 upsurge in both property values and rental rates in Florida; and
48 WHEREAS, many tenants residing in the City have been unable to afford the costs
49 of purchasing and maintaining a residential property, thereby increasing the demand for
50 rental properties; and
51 WHEREAS, Part II of Chapter 83, Florida Statutes, commonly known as the "Florida
52 Residential Landlord and Tenant Act" ("the Act"), applies to the rental of residential dwelling
53 units and sets forth the rights and duties of landlords and tenants; and
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54 WHEREAS, the Act does not provide specific notification requirements for landlords
55 seeking to increase rental rates; and
56 WHEREAS, although some lease agreements contain provisions regarding increases
57 in rental rates, a landlord generally may not raise rent during the term of a lease; and
58 WHEREAS, therefore, a landlord will have to wait until the end of the term of the
59 lease to raise the rent and it is expected that notice of such will be provided in accordance
60 with termination notices set forth by law or in accordance with the lease agreement; and
61 WHEREAS, with respect to notices of termination of tenancy, if there is a written
62 lease, Section 83.575 of the Act provides that the notice required to terminate a tenancy is
63 no more than 60 days' notice; and
64 WHEREAS, where there is no lease, on the other hand, Section 83.57 of the Act
65 provides that the landlord should provide a seven-day notice to a tenant renting week-to-
66 week, a 15-day notice to a tenant renting month-to-month, a 30-day notice to a tenant
67 renting quarter-to-quarter, and a 60-day notice to a tenant renting year-to-year; and
68 WHEREAS, according to the Florida Attorney General Opinion No. 94-41 and the
69 case law cited therein, the Florida Legislature has not preempted local governments from
70 enacting ordinances that enlarge the notification period for month-to-month tenancies
71 without a specific duration pursuant to section 83.57 of the Act; and
72 WHEREAS, the City Commission recognizes that while reasonable late fees may be
73 an important aspect of the landlord/tenant relationship, it is essential that tenants
74 understand and know when they may incur these fees; and
75 WHEREAS, certain Florida counties including Miami-Dade and Broward, and cities,
76 including Lake Worth Beach, West Palm Beach and Miami Beach, have recently enacted
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77 ordinances that require written notification be given by residential landlords to their tenants
78 for certain actions and to provide for a tenant's bill of rights so that tenants are informed of
79 their legal rights; and
80 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach hereby
81 finds that it is in the best interest of the citizens and residents of the City of Boynton Beach,
82 Florida to approve the Ordinance to the City's Code of Ordinances and as contained herein.
83 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
84 OF BOYNTON BEACH, FLORIDA, THAT:
85 Section 1. The foregoing whereas clauses are true and correct and are now ratified
86 and confirmed by the City Commission.
87 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses" is
88 hereby amended by creating Article V, "Rental Dwelling Units" as follows:
89 ARTICLE V.— RENTAL DWELLING UNITS
90 DNISION 1. APPLICABILITY AND DEFINITIONS
91 Sec. 13-92. Title.
92 This ordinance, as fully set forth in Sections 13-92 through 13-99 of the City of
93 Boynton Beach Code of Ordinances, shall be known and may be cited as the "Boynton
94 Beach Residential Notice and Tenant's Bill of Rights Ordinance."
95 Sec. 13-93. Applicability.
96 (a) The provisions of this article shall apply citywide, unless in conflict with an
97 applicable municipal ordinance. Unless otherwise provided, nothing in this article shall be
98 construed to relieve a person from compliance with applicable county or municipal
99 regulations. The provisions of this article shall apply prospectively and shall apply to any
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100 new Rental Agreement entered into after October 1, 2022, date and to any renewal or
101 extension of an existing Rental Agreement with a term that commences after that date.
102 (b) This article only applies to residential tenancies subject to Chapter 83, Florida
103 Statutes, and does not apply to rentals within mobile home parks governed under Chapter
104 723, Florida Statutes; short-term rentals of residential units with non-recurring rental terms
105 of thirty (30) days or fewer; or rentals of transient public lodging establishments regulated
106 under Chapter 509, Florida Statutes. This article only regulates the landlord tenant
107 relationship under Chapter 83, Florida Statutes; nothing in this article shall be construed to
108 constitute regulation of public lodging establishments.
109 Sec. 13-94. Definitions. The following definitions shall apply to this article:
110 Landlord means any individual, firm, corporation, or other organization or group of
111 persons however organized that is shown as the lessor, landlord, or property owner under a
112 Rental Agreement, or any individual or entity otherwise acting on behalf of a lessor,
113 landlord, or property owner in the rental of a Rental Unit to a Tenant, including, but not
114 limited to, owner, lessor, sublessor, assignor, manager, real estate licensee (either a broker,
115 sales associate, or broker-sales associate), condominium association, homeowners'
116 association, cooperative association, or any representative of any of the foregoing. A real
117 estate licensee is not a Landlord within the meaning of this division if they are only involved
118 with the marketing of a Rental Unit and are not involved with either the preparation of the
119 Rental Agreement or communicating with a Tenant on behalf of a property owner during
120 the term of a Rental Agreement.
121 Late Fee means a charge of any kind, levied against a Tenant, associated with a
122 failure of the Tenant to timely pay rent pursuant to the terms of a Rental Agreement.
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123 Renta/Agreement means an agreement, whether written or oral, by which a Tenant
124 is entitled to possess a Rental Unit, or which is a "Rental Agreement" as defined in Section
125 83.43, Florida Statutes, as it may be amended.
126 Rental Unit means a residential housing unit in the City of Boynton Beach that (a) is
127 or may be occupied by a Tenant by virtue of a Rental Agreement, or (b) is a "Dwelling Unit"
128 as defined in Section 83.43, Florida Statutes, as it may be amended.
129 Tenant means a natural person or persons who will occupy, or who makes
130 application to occupy, a Rental Unit by virtue of a Rental Agreement, or who is a "Tenant" of
131 a dwelling unit in the City of Boynton Beach, as defined in Section 83.43, Florida Statutes, as
132 it may be amended.
133 DIVISION 2. RENTAL NOTICES
134 Sec. 13-95 - Required written notice of termination of monthly residential tenancy
135 without specific duration.
136 A residential tenancy without a specific duration in which the rent is payable on a
137 monthly basis may be terminated by either the landlord or tenant by giving not less than 90
138 days'written notice prior to the end of any monthly period.
139 Sec. 13-96. - Required written notice of rental payment increases for residential
140 tenancies.
141 (a) A residential landlord that proposes to increase the current rental rate by
142 more than five percent (5%) at the end of a lease for a specific term, or during a tenancy
143 without a specific duration in which the rent is payable on a month to month basis, must
144 provide 90 days' written notice to the tenant.
145 (b) If the required 90 days' written notice has been provided and the tenant has
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146 not agreed to the rent increase or an acceptable compromise,the landlord may increase the
147 rent, as noticed, or require the tenant(s) to vacate the residence.
148 DIVISION 3. TENANT'S BILL OF RIGHTS AND NOTICE OF LATE FEES
149 Sec. 13-97. Tenant's Bill of Rights; Landlord Notice Requirements.
150 (a) The Development Department shall create and maintain a Tenant's Bill of Rights,
151 which shall mean a paper or electronic document, available in English, Spanish, and Creole,
152 in at least 12-point font, and formatted to be printed on paper of 82/2 by 11 inches or larger,
153 containing a notice of rights under applicable federal, state, and local law, and services
154 available to residential tenants in the City of Boynton Beach. The content of the Tenant's Bill
155 of Rights shall be as determined by the Boynton Beach City Commission ("Commission") by
156 resolution.
157 (b) It is unlawful for a Landlord of a Rental Unit to enter into a Rental Agreement for
158 a Rental Unit under the Landlord's control or authority, without first providing the
159 prospective Tenant with a copy of the Tenant's Bill of Rights. A Landlord may comply with
160 this requirement through an agent of the Landlord (e.g., a property manager, rental
161 manager, or real estate licensee).
162 (c) For existing Tenants already occupying a Rental Unit on or before the date set
163 forth in Section 13-93, the Landlord must provide the Tenant with the Tenant's Bill of Rights
164 prior to the commencement of a new rental term. For Tenants with rental terms of thirty
165 (30) days or less that are recurring in nature (e.g., ongoing month-to-month tenancies), the
166 Landlord must provide the Tenant's Bill of Rights prior to December 1, 2022, and thereafter
167 no less than once per year.
168 (d) There shall be a rebuttable presumption that a Landlord has complied with this
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169 section if the Landlord can provide a written, dated, and signed affirmation from the Tenant
170 stating that the Tenant has timely received the Tenant's Bill of Rights. The signed
171 affirmation shall be retained by the Landlord for at least one (1) year after the Tenant
172 vacates the Rental Unit.
173 Sec. 13-98. Late Fee Notices; Landlord Requirements.
174 (a) At or before such time as a Landlord assesses a Late Fee against a Tenant, the
175 Landlord must provide written notice to the Tenant containing the information stated in
176 Section (c) below. A Landlord may comply with this requirement through an agent of the
177 Landlord (e.g., a property manager, rental manager, or real estate licensee).
178 (b) This written notice shall be separate from any notice requirements provided for
179 in a Rental Agreement and shall be required each time a new Late Fee is assessed. Only one
180 notice shall be required if the same Late Fee continues to accrue after delivery of the notice.
181 (c) The written notice required under this section shall include a statement informing
182 the Tenant that:
183 (1) A Late Fee has been incurred, identifying the specific provision of the Rental
184 Agreement that provides for the Late Fee
185 (2) The amount of the Late Fee due at the time of the notice and, if Late Fees
186 will increase or continue to accrue, a statement explaining the rate at which such fees will
187 increase or continue to accrue; and
188 (3) The factual basis for the Late Fee.
189 (d) The written notice provided for in this section may be delivered to the Tenant:
190 (1) By e-mail to the e-mail address provided by the Tenant in the Rental
191 Agreement or any subsequent written agreement regarding the delivery of notices;
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192 (2) By certified mail to the address for notices provided by Tenant in the Rental
193 Agreement;
194 (3) By posting of the notice to the front door of the Rental Unit; or
195 By hand delivery to the Tenant.
196 (e) There shall be a rebuttable presumption that the Landlord has complied with the
197 notice requirements in this section if the Landlord can provide one of the following:
198 (1) A copy of the e-mail sent pursuant to Section (d)(1) above on or before the
199 date the Late Fee was assessed;
200 (2) A copy of a written and dated letter sent, posted, or hand delivered as
201 provided in Sections (d)(2) through (4) above, with: (i) evidence from the United States
202 Postal Service or other delivery service showing both the mailing date and delivery address
203 of the notice; (ii) a time-stamped photograph of the notice clearly posted on the front door
204 of the Rental Unit; or (iii) a signed and dated statement by the delivery person certifying
205 hand delivery of the notice to the Tenant evidencing the date of delivery.
206 DIVISION 4. ENFORCEMENT
207 Sec. 13-99. Enforcement.
208 (a) The Tenant's Bill of Rights and Notice of Late Fees Ordinance may be enforced by
209 code enforcement officers, including municipal code enforcement officers, and any law
210 enforcement agency having jurisdiction of the City, pursuant to Chapter 162, Florida
211 Statutes, or any applicable municipal code enforcement provision.
212 (b) Nothing in Sections 13-92 through 13-99 is intended to create any private causes
213 of action, and these provisions may only be enforced as set forth herein.
214 Section 3. Each and every other provision of the City's Code of Ordinances not
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215 herein specifically amended, shall remain in full force and effect as originally adopted.
216 Section 4. All laws and ordinances applying to the City of Boynton Beach in
217 conflict with any provisions of this ordinance are hereby repealed.
218 Section 5. Should any section or provision of this Ordinance or any portion
219 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
220 not affect the remainder of this Ordinance.
221 Section 6. Authority is hereby given to codify this Ordinance.
222 Section 7. This Ordinance shall become effective immediately. FIRST
223 READING this 18th day of October, 2022.
224 SECOND, FINAL READING AND PASSAGE this Ism day of nl1 ,voillk20 2.
225 CITY OF BOYNTON BEACH, FLORIDA
226 YES NO
227
228 Mayor-Ty Penserga
229
230 Vice Mayor-Angela Cruz
231
232 Commissioner-Woodrow L. Hay
233 u�
234 Commissioner-Thomas Turkin
235
236 Commissioner-Aimee Kelley
237
238 VOTE
239
240 A
241 '��. 010*--e—
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242 Mayle: D- esus, MP,,- ENTO/U`‘‘ Ty •ens--a
243 City Cle ,6< •�RP0RATE'•.F '�� Mayor
244 ;�` ' 'n k
SEAL
245v: AP ' O O M:
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INCDRPDRATED?
246 (Corporate Seal) • 1920 I
247
248 `�� FLOR\ - Michael D. Cirullo,Jr.
249 City Attorney
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